Federal Acquisition Regulation; Technical Amendment, 21800 [E8-8422]

Download as PDF 21800 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations public comments were received in response to the proposed rule. This final rule makes no change to the proposed rule. Section 857 creates a different, higher dollar ceiling to enable small businesses to use the small claims procedure to appeal a contracting officer’s final decision. This rule amends the FAR to add the ceiling at 33.211(a)(4)(v). This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Department of Defense, General Services Administration, and National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it does not change the rules for buying and does not add an information collection requirement. It will have a small positive impact because small businesses will be able to more easily use the special contract appeals procedure. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 33 Government procurement. Dated: April 4, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 33 as set forth below: I (1) Review the facts pertinent to the claim; (2) Secure assistance from legal and other advisors; (3) Coordinate with the contract administration officer or contracting office, as appropriate; and (4) Prepare a written decision that shall include— (i) A description of the claim or dispute; (ii) A reference to the pertinent contract terms; (iii) A statement of the factual areas of agreement and disagreement; (iv) A statement of the contracting officer’s decision, with supporting rationale; (v) Paragraphs substantially as follows: ‘‘This is the final decision of the Contracting Officer. You may appeal this decision to the agency board of contract appeals. If you decide to appeal, you must, within 90 days from the date you receive this decision, mail or otherwise furnish written notice to the agency board of contract appeals and provide a copy to the Contracting Officer from whose decision this appeal is taken. The notice shall indicate that an appeal is intended, reference this decision, and identify the contract by number. With regard to appeals to the agency board of contract appeals, you may, solely at your election, proceed under the board’s— (1) Small claim procedure for claims of $50,000 or less or, in the case of a small business concern (as defined in the Small Business Act and regulations under that Act), $150,000 or less; or (2) Accelerated procedure for claims of $100,000 or less. Instead of appealing to the agency board of contract appeals, you may bring an action directly in the United States Court of Federal Claims (except as provided in the Contract Disputes Act of 1978, 41 U.S.C. 603, regarding Maritime Contracts) within 12 months of the date you receive this decision’’ ; and Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). (vi) Demand for payment prepared in accordance with 32.610(b) in all cases where the decision results in a finding that the contractor is indebted to the Government. * * * * * 2. Amend section 33.211 by revising paragraph (a) to read as follows: BILLING CODE 6820–EP–S PART 33—PROTESTS, DISPUTES, AND APPEALS 1. The authority citation for 48 CFR part 33 continues to read as follows: I [FR Doc. E8–8427 Filed 4–21–08; 8:45 am] mstockstill on PROD1PC66 with RULES3 I 33.211 Contracting officer’s decision. (a) When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the contracting officer shall— VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 1 [FAC 2005–25; Item VII; Docket FAR–2008– 0001; Sequence 10] Federal Acquisition Regulation; Technical Amendment Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCIES: ACTION: Final rule. SUMMARY: This document makes an amendment to the Federal Acquisition Regulation in order to make an editorial change. DATES: Effective Date: April 22, 2008. The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–25, Technical Amendment. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Part 1 Government procurement. Dated: April 4, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 1 as set forth below: I PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 1. The authority citation for 48 CFR part 1 continues to read as follows: I Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 1.603–1 by revising the last sentence to read as follows: I 1.603–1 General. * * * These selections and appointments shall be consistent with Office of Federal Procurement Policy’s (OFPP) standards for skill-based training in performing contracting and purchasing duties as published in OFPP Policy Letter No. 05–01, Developing and Managing the Acquisition Workforce, April 15, 2005. [FR Doc. E8–8422 Filed 4–21–08; 8:45 am] BILLING CODE 6820–EP–S Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3

Agencies

[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Page 21800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8422]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1

[FAC 2005-25; Item VII; Docket FAR-2008-0001; Sequence 10]


Federal Acquisition Regulation; Technical Amendment

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This document makes an amendment to the Federal Acquisition 
Regulation in order to make an editorial change.

DATES: Effective Date: April 22, 2008.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. Please cite FAC 2005-25, 
Technical Amendment.

SUPPLEMENTARY INFORMATION: 

List of Subjects in 48 CFR Part 1

    Government procurement.

    Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 1 as set forth below:

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
1. The authority citation for 48 CFR part 1 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).
0
2. Amend section 1.603-1 by revising the last sentence to read as 
follows:


1.603-1   General.

    * * * These selections and appointments shall be consistent with 
Office of Federal Procurement Policy's (OFPP) standards for skill-based 
training in performing contracting and purchasing duties as published 
in OFPP Policy Letter No. 05-01, Developing and Managing the 
Acquisition Workforce, April 15, 2005.
[FR Doc. E8-8422 Filed 4-21-08; 8:45 am]
BILLING CODE 6820-EP-S